Court : Delhi
..... clubs equal and unequal in the same class and hence is patently violative of article 14. the petitioner also submits that under various legislations, including the companies act, the income tax act, as well as service tax and state vat regulations, it is required to go through the audit process. it is contended that these audits serve as proper checks and balances on the conduct of ..... error in holding that rule 71 allowed a wide margin to the revenue officers in the matter of determining the special assessment to be levied on land used for non-agricultural purposes. the high court failed to notice that area within which the discretion of the revenue officer can operate is circumscribed both by the floor and ceiling fixed and while .....
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..... in the higher forums. therefore, in terms of the decision dated 19th april 2017 of this court in ita no.161 of 2016 (national agricultural marketing federation of india v. commissioner of income tax, delhi -ix), there was no subsisting liability on the assessee as regards enhanced licence fee. (iii) the assessee had not deposited a paisa ..... prathiba m. singh % judgment1808.2017 dr. s. muralidhar, j.: introduction 1. these are nine appeals under section 260a of the income tax act, 1961 ( act ), one by the assessee and the others by the revenue, directed against orders of the income tax appellate tribunal ( itat ) which pertain to assessment years ( ay ) 1997-98 to 2002-03, 2004-05, and 2009-10 ..... books of accounts did not prevent it to claim the said sum as deduction either under section 10(1) or under section 10(2)(xv) of the income tax act, 1922. it was held whether the assessee is entitled to a particular deduction or not will depend on the provision of law relating thereto and not on .....
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..... in the higher forums. therefore, in terms of the decision dated 19th april 2017 of this court in ita no.161 of 2016 (national agricultural marketing federation of india v. commissioner of income tax, delhi -ix), there was no subsisting liability on the assessee as regards enhanced licence fee. (iii) the assessee had not deposited a paisa ..... prathiba m. singh % judgment1808.2017 dr. s. muralidhar, j.: introduction 1. these are nine appeals under section 260a of the income tax act, 1961 ( act ), one by the assessee and the others by the revenue, directed against orders of the income tax appellate tribunal ( itat ) which pertain to assessment years ( ay ) 1997-98 to 2002-03, 2004-05, and 2009-10 ..... books of accounts did not prevent it to claim the said sum as deduction either under section 10(1) or under section 10(2)(xv) of the income tax act, 1922. it was held whether the assessee is entitled to a particular deduction or not will depend on the provision of law relating thereto and not on .....
Tag this Judgment!Court : Delhi
..... in the higher forums. therefore, in terms of the decision dated 19th april 2017 of this court in ita no.161 of 2016 (national agricultural marketing federation of india v. commissioner of income tax, delhi -ix), there was no subsisting liability on the assessee as regards enhanced licence fee. (iii) the assessee had not deposited a paisa ..... prathiba m. singh % judgment1808.2017 dr. s. muralidhar, j.: introduction 1. these are nine appeals under section 260a of the income tax act, 1961 ( act ), one by the assessee and the others by the revenue, directed against orders of the income tax appellate tribunal ( itat ) which pertain to assessment years ( ay ) 1997-98 to 2002-03, 2004-05, and 2009-10 ..... books of accounts did not prevent it to claim the said sum as deduction either under section 10(1) or under section 10(2)(xv) of the income tax act, 1922. it was held whether the assessee is entitled to a particular deduction or not will depend on the provision of law relating thereto and not on .....
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..... plantation pvt. ltd. were all sold to m/s james group.4. notice was issued to the assessee on 29th april, 1999 under section 148 of the income tax act ( the act ) regarding his income that escaped assessment. the assessee did not participate in the re-assessment proceedings for a long time. thereafter, on 5th february, 2002, the assessee informed the ..... the business of providing entries to the parties who are in need for ita1152005 page 2 of 12 the same. the entries were routed thru agriculture companies. i have earned an income of rs. 1,91,168/- from the said business during the year 1994-95 and in the subsequent year i could not earn the ..... deposits, withdrawals/payments to different persons during the previous years, the assessee was, therefore, not entitled to claim the benefit of peak credit. later in cit v. vijay agricultural industries (supra), it was reiterated that:"the principle of peak credit is not applicable in case where the deposits remained unexplained under section 68 of the .....
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..... muralidhar justice chander shekhar % dr. s.muralidhar, j.judgment2007.2017 1. these are appeals by the revenue under section 260a of the income tax act, 1961 ( act ) directed against the various orders of the income tax appellate tribunal ( itat ). questions of law 2. the questions framed for consideration in each of the appeals (with the corresponding appeal number ..... to background facts 3. the background facts are that the respondent/assessee was incorporated in 1995 and is engaged in the business of manufacturing and trading agricultural tractors/tractor parts and components. the assessee commenced its production in the financial year ( fy ) 1997- 98 and treated it as the initial assessment ..... till the assessment year 2007-08, which is the period for which his entitlement would accrue. the provisions contained in section 80-ib of the income tax act, nowhere stipulates any condition that such a claim has to be made in the first year failing which there would be forfeiture of such claim in .....
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..... % dr. s. muralidhar, j.:1. these are three appeals filed by chintels india limited (hereafter order1907.2017 'assessee') under section 260a of the income tax act, 1961 ( act ) against the orders of the income tax appellate tribunal ( itat ). questions framed 2. ita no.581/2016 is directed against an order dated 10th march, 2016 passed by the itat in ..... facts 5. the facts in brief relevant to ay200809 are that the appellant/assessee is engaged in the business of horticulture, agriculture and real estate. for ay200809, the assessee filed its return of income on 28th october, 2008. the assessee maintains that for this particular ay200809 no notice was received by it under section 143 ..... return filed by him has become final and no scrutiny proceedings are to be started in respect of that return. 20. in vipan khanna v. commissioner of income tax (supra), the punjab and haryana high court referred to the same circular and ita5812016 ; ita7072016 & ita7312016 page 8 of 11 observed that in case where .....
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..... questions raised in the present proceedings being entirely distinct.19. shri picheswar gadde, in his pleadings, refers to certain assessment proceedings of 2014-2015 by the authorities under the income tax act and wealth tax act, 1957 leading, inter alia, to writ proceedings taken out in this court in such context, his contention also being that the dragging of his name in the present ..... 15,00,000/- and rs.25,00,000/- respectively. in the revised returns, the income from agriculture was declared to be to the tune of rs.2,21,35,000/-, rs.2,80,92,500/- and rs.1,55,00,000/- respectively. thus, by the revised ..... three years they being the assessment years (ay) 2009-10, 2010-11 and 2011- 12. (c) the income tax returns (itr) originally filed for the above- mentioned assessment years (i.e. 2009-10, 2010-11 and 2011-12) had declared income from agriculture to be tune of wp(c) 856/2016 & connected matters page 10 of 101 rs.7,35,000/- rs. .....
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..... to quash the impugned order dated 6th may 2016 passed by the respondent, commissioner of income tax (international taxation) 2, delhi ( cit ) whereby the application filed by the... petitioner for waiver of interest under section 220 (2) of the income tax act, 1961 ( act ) was rejected on the ground that the... petitioner failed to meet the very first condition ..... . since the... petitioner has been regularly filing its returns of income. since the assessment year ( ay ) 1993-94, it has been claiming exemption by treating its entire income as agricultural income in terms of section 10 (1) read with section 2 (1a) of the act. it is stated that this claim was accepted by the department ..... 30th november 2009 and 24th december 2009 that only 10% of income was, w.p. (c) 5423/2016 page 2 of 7 therefore, to be treated as agricultural income and the balance was to be taxed as business income . on the issue of attribution of income on account of research activity carried out by the... petitioner, the .....
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..... justice s. ravindra bhat hon'ble mr. justice najmi waziri s.ravindra bhat, j.1. this is the revenue's appeal, under section 260-a of the income tax act ("the act") for assessment years (ays) 2010-2011 & 2011-12. since the issues involved in these appeals are common and identical, these appeals were heard together. the ..... case are that the assessee is a multi state co-operative society registered in india, under the administrative control of the department of fertilizers, ministry of agriculture and co-operation, central government. its main business is manufacturing fertilizers such as urea and ammonia. it entered into a joint venture with oman oil company ..... a competent omani authority.25. the tribunal noticed- in this court's opinion, correctly- that the expression "incentive" is neither defined in the omani tax laws nor in the income tax act, 1961. due to this, omifco wrote in november 2000 to oman oil company saoc seeking authentic clarification, regarding purpose of article 8 (bis) of .....
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